The purpose of this exception to the rule is to prevent a defendant from unfair gamesmanship. If a defendant engages in costly litigation over an extended period, only to relinquish on the eve of an impending negative judgment, the plaintiff would be unjust forced to hold the bill.… Read More Get Prevailing Party Fees for Winning, After Losing the Case by Dismissing?
Today, Bernhard Law Firm won dismissal of two Brazilian shareholders in a million $ dollar guaranty lawsuit for leasing of South Beach commercial space. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result).… Read More Bernhard Law Firm Wins Dismissal of $1M Brazilian Guarantors from South Beach Commercial Leasing Lawsuit
This article provides a primer on initial considerations in choice of law where there is no contractual provision predetermining the controlling law. This article uses the example of a foreign estate administration recouping Florida real estate owned by a Netherlands company.… Read More HOW TO CHOOSE YOUR LAW IN AN INTERNATIONAL DISPUTE – Six Steps to Determine Default Choice of Law Without Contractual Guidance
Under Florida law, an attorney’s statements, as an officer of the court, can be admissible evidence on personal factual matters and non-privileged communications, such as personal coordination of a witness’s travel and location. Fishman v. Liberty Assocs., Inc., 196 So. 2d 493, 496–97 (Fla. 3d DCA 1967)… Read More How Valuable Is an Attorney’s Word? – Attorney Statements in Court as Evidence
This week, Bernhard Law Firm successfully obtained the dismissal of an appeal challenging the firm’s win in a dispute to void a $1.1 million refusal option in a Miami real estate contract. If you have questions about real estate disputes, financial disagreements, contract interpretation, and Florida appeals, please contact Bernhard Law Firm… Read More Bernhard Law Firm wins appeal on judgment to reform real estate contract
This article briefly describes this process; the last steps to your award of prevailing party fees and costs. If you have any questions about determining reasonableness of attorney’s fees and costs… Read More HOW TO DETERMINE REASONABLE ATTORNEY’S FEES AND COSTS IN FLORIDA
Attorney Andrew Bernhard of Bernhard Law Firm recently provided oral argument at the Third District Court of Appeal, Miami, Florida.… Read More Attorney Andrew Bernhard argues at the Third District Court of Appeal
Constitutional due process requires every trial court to provide every person with certain fairness and procedural safeguards throughout a court proceeding. Due process requires that a trial court shall not . . . [click to read]… Read More Florida Due Process Primer – What Basic Safeguards to Expect from Your Trial Court
Bernhard Law Firm delivers food weekly to those in need throughout South Florida. For more information on ways to get involved, contact Bernhard Law Firm at http://www.bernhardlawfirm.com… Read More Bernhard Law Firm Delivers Food Weekly for Those in Need in South Florida
No other Court has ever stated that there is a “sole purpose” requirement or evidentiary burden to that effect for non-residents.… Read More Is There A Sole Purpose Requirement to the Non-Resident Witness Immunity Rule?